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US Supreme Court Justice Ginsberg: South Africa has a better Constitution model than US.
Patroit Action Network ^ | 2/4/2012 | Darla Dawald

Posted on 02/04/2012 2:17:13 PM PST by antidemoncrat

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To: GeronL

; - )

Excellent comment!


121 posted on 02/08/2012 12:30:46 PM PST by WayneS (Comments now include 25% MORE sarcasm for no additional charge...)
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To: antidemoncrat

Here’s a little gem from the South African “Bill of Rights”:

“39. Interpretation of Bill of Rights - When interpreting the Bill of Rights, a court, tribunal or forum ­must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; must consider international law; and may consider foreign law.”

Read more (if you want to) at: http://www.info.gov.za/documents/constitution/index.htm


122 posted on 02/08/2012 12:42:59 PM PST by WayneS (Comments now include 25% MORE sarcasm for no additional charge...)
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To: antidemoncrat

Here’s a section from the S. African “Bill of Rights” which I think helps explain why lefties like it so much:

“7. Rights

1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.

2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights.

3) The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.”

Note the word ‘fulfil’ in 2)


123 posted on 02/08/2012 12:53:03 PM PST by WayneS (Comments now include 25% MORE sarcasm for no additional charge...)
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To: antidemoncrat

And, finally, based on Section 36 of the S. African “Bill of Rights” I think it can be reasonably concluded that South Africans do not actually HAVE any rights:

“Limitation of rights

36 1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including ­
a. the nature of the right;
b. the importance of the purpose of the limitation;
c. the nature and extent of the limitation;
d. the relation between the limitation and its purpose; and
e. less restrictive means to achieve the purpose.

2) Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.”

In short, the Constitution of South Africa is nothing but a collection of meaningless leftist ‘catch phrases’ overlain by the formation of an all-powerful government. This, of course, explains why “justice” Ginsberg loves it so much.


124 posted on 02/08/2012 1:00:28 PM PST by WayneS (Comments now include 25% MORE sarcasm for no additional charge...)
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To: antidemoncrat
An excellent article by Steven Hayward which explains the serious problems with Ginsberg's silly statement.
125 posted on 02/08/2012 1:24:46 PM PST by denydenydeny (The more a system is all about equality in theory the more it's an aristocracy in practice.)
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To: antidemoncrat

We have a great constitution..too bad judges like Ginsberg don’t uphold it.


126 posted on 02/09/2012 6:36:19 AM PST by katiedidit1 ("This is one race of people for whom psychoanalysis is of no use whatsoever." the Irish)
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To: DonaldC

I liked liberals alot better when they hid their disdain and disgust with America. Now they have such a complacent media that they feel free to spew their garbage freely.


127 posted on 02/09/2012 9:47:32 AM PST by No Socialist
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